Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

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System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

There are many controversial issues in matters related to inheritance.

What needs to be done to have the certificate of inheritance declared invalid? How should you proceed?

Here is the procedure for how a certificate of inheritance is invalidated:

establish a court in which to file a claim to invalidate the right to inheritance.

Basic rule: we file a claim at the place of residence of the heir who received the disputed certificate.

An exception was established by the Supreme Court: if the will concerns real estate, the claim should be filed at the place where the real estate is located (clause 3 of the Resolution of the Plenum No. 9 of May 29, 2012);

file a claim for the court to invalidate the right to inheritance.

In the claim according to Art. 131 of the Code of Civil Procedure, describe the essence of your demands, what you base the evidence on, what exactly the violation of your rights is.

pay the fee;
attach to the claim a receipt for payment of the fee, documentary damage to your claims, copy the statement for other persons in the case.

Let's turn to practice.

The certificate of inheritance was declared invalid by the Moscow City Council. by the court (Appeal ruling dated February 14, 2016, case No. 33-3904/2016).
Justification for the decision:
- according to the notary's information, an inheritance case was not opened, an inheritance certificate was not issued to the defendant;
- no evidence was provided regarding the validity of the will. This means that the evidence presented by the defendant is null and void.
- selling an apartment is illegal. The defendant did not have the right to sell the housing, since in reality he does not have rights to the apartment. The rights of other heirs have been violated.
Conclusion: the certificate of title to the apartment, recognition of the right to inheritance of other heirs, restoration of their rights violated by the sale of the apartment are invalid.

The outcome of the case was successful. The right to inheritance was recognized. The key evidence in the case was the notary's arguments that the certificate of ownership was not issued to the defendant.
Another case of invalidation of a certificate of inheritance. This time from the practice of the Perm Regional Court (Appeal ruling dated 02/01/2016, case No. 33-791/2016).
There was a will according to which each son was entitled to ½ share of a plot of land. One son formalized the documents for the property, but the second son did not. However, in fact, he also entered into inheritance. The notary issued only one certificate of title to the entire house and plot.

The court invalidated the certificate of inheritance because it violates the rights of another legal heir. The second heir is recognized as having ½ right to the land.
St. Petersburg city. the court declared the will and certificate of inheritance invalid (Appeal ruling dated 03/16/2016 dated 03/16/2016 No. 33-4643/2016 in case No. 2-855/2015. Reason: a forensic psychiatric examination confirmed that at the time of drawing up the will the testator didn't realize what he was doing.

There are also counter examples. Thus, the Supreme Court of the Republic of Tatarstan did not agree to invalidate certificates of the right to inheritance. The defendant knew that the certificate was issued to his uncle, but from 1992 to 2016 he did not take any measures to confirm the rights to the inheritance. Missed the deadline. Therefore, the issued certificate of inheritance was left in force. The plaintiff failed to prove his rights.

How to achieve recognition of an heir as unworthy?

It is necessary to recognize the heir as unworthy in order to invalidate the certificate of inheritance. Practice shows that recognizing an heir as unworthy is not an easy task.

Let's look at the positive and negative practices of the courts. Let us immediately warn you that there are more refusals to recognize heirs as unworthy than positive decisions.

Negative practice

Tver region the court refused to recognize the heir as unworthy, despite the glaring facts: the heir often beat his mother and treated her cruelly (Appeal ruling dated June 16, 2015, case No. 33-1719).

We conclude: a bad attitude, even beating the testator, is not enough to deem the heir unworthy. A court verdict is needed that the heir purposefully caused harm to the testator or heirs in order to achieve an inheritance or increase his share (clause 1 of Article 1117 of the Civil Code).

The High Court clarified that the actions of the heir must be carried out with intent against the will of the testator indicated in the will. Whether illegal consequences occurred or not does not matter (clause 19 of the Plenum Resolution No. 9 of May 29, 2012).

Good practice

The Supreme Court of the Chuvash Republic declared the heir unworthy. The basis is a court verdict that the heir beat the testator (Appeal ruling dated May 27, 2015, case No. 33-1987/2015)

Let's sum it up

You need to carefully prepare to prove that the inheritance certificate was issued illegally. For this it is confirmed:

The certificate was issued to persons who actually do not have rights to inheritance;
When issuing a certificate, the rights of other heirs were violated;
It has been proven that the will is invalid;
The certificate was issued to unworthy heirs.

If you have an inheritance dispute that you could not resolve on your own, we advise you to contact the website "33 Yurista.ru". Inheritance disputes are a complex category of disputes that are best left to professionals. Lawyers will help resolve your issue, analyze the situation, collect evidence and represent the client’s interests in court.

By the ruling of the judicial panel dated July 29, 2010, the decision of the Khoroshevsky District Court of Moscow dated April 21, 2010, ruled on the claim of L.T., was overturned. to the notary of Moscow P.A., to invalidate the certificate of legal right to a land plot. In overturning the court's decision, the judicial panel stated the following. In satisfying the claims, the court proceeded from the fact that L.S. During his lifetime, the land plot was not re-registered, and therefore L.I. was not its owner. However, the court did not find out whether in this case L.T. proper plaintiff. The case file contains a certificate of land ownership in the name of L.I. dated October 5, 1993, which was presented to the notary. Having recognized that the notary did not have the right to issue a certificate of title on its basis, the court did not take into account that the certificate was not challenged in the prescribed manner and was not declared invalid.

The court did not discuss the application of the provisions of the Federal Law of July 21, 1997 "On state registration of rights to real estate and transactions with it", according to which state registration of rights carried out in certain constituent entities of the Russian Federation and municipalities before the entry into force of this Law is legally valid. The court did not take into account that the dispute is related to the right to land and must, in accordance with Art. 30 of the Code of Civil Procedure of the Russian Federation shall be considered at the location of the land plot. In addition, having considered the dispute related to m, the court did not find out whether there were other heirs * (8).
In the case under comment, the court did not examine the grounds for issuing certificates of right to. In accordance with Art. 72 of the Fundamentals of the legislation of the Russian Federation on notaries, when issuing a certificate of right to law, by requesting appropriate evidence, checks the fact of the death of the testator, the time and place of opening of the inheritance, the existence of relationships that are the basis for calling to inherit by law the persons who filed an application for the issuance of a certificate of the right to, composition and location of inherited property.

If one or more heirs are deprived by law of the opportunity to present evidence of the relationship that is the basis for the call to inheritance, they may be included in the certificate of right with the consent of all other heirs who have accepted and presented such evidence.
In addition, the court did not take into account that, according to Art. 30 of the Code of Civil Procedure of the Russian Federation, claims for rights to real estate are subject to the jurisdiction of the court at the location of such property. By virtue of Art. 130, Part 1 of the Civil Code of the Russian Federation, immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, i.e. objects, the movement of which without disproportionate damage to their purpose is impossible, including buildings, structures, unfinished construction objects.
In the case under comment, a dispute arose about the inheritance of a land plot.

By the ruling of the judicial panel dated August 19, 2010, the decision of the Preobrazhensky District Court of Moscow dated November 16, 2009, decided on the claim of S.E., was overturned. to D.N., S.L. on establishing the fact of family relations, invalidating the certificate of title according to the law, recognizing the right of ownership of the apartment. In overturning the court's decision, the judicial panel stated the following. Refusing S.E. in satisfying the stated requirements, the court proceeded from the fact that the receipt of S.E. in accordance with the procedure established by law, a birth certificate excludes the possibility of establishing the fact of family relations in court. At the same time, the court indicated that the refusal of the plaintiff’s demands to establish the fact of family relations does not deprive the right to apply to the court with a claim to establish the fact of recognition of paternity. We cannot agree with such conclusions, since S.E., when applying for judicial protection, essentially indicated that the issued certificate of her birth, in which S.V. is recorded as the father, does not confirm her descent from Ch.V. According to Part 3 of Art. 17 of the Law of the Russian Federation “On Civil Status Acts”, information about the child’s father, if the child’s parents are not married to each other and if paternity has not been established, is included, among other things, on the basis of an application from the child’s mother. In this case, the father's surname is written according to the mother's surname, and the child's father's first and patronymic names are written according to her instructions. The information entered is not an obstacle to resolving the issue of establishing paternity.

By virtue of Art. 48 of the Law, the basis for state registration of paternity establishment is a court decision to establish paternity or to establish the fact of recognition of paternity, which has entered into legal force. In addition, the court ignored the fact that the application with the wording “establishing the fact of relationship” was submitted by S.E. in order to realize inheritance rights after the death of Ch.V., whom she considers her biological father. Given such data, the court had to determine what circumstances are important for the case, which party should prove them, bring the circumstances up for discussion, even if the parties did not refer to any of them, which directly follows from the provisions of Part 2 of Art. 56 Code of Civil Procedure of the Russian Federation. By virtue of Art. 50 of the RF IC, in the event of the death of a person who recognized himself as the father of a child, but was not married to the child’s mother, the fact of recognition of paternity by him can be established in court according to the rules established by civil procedural legislation. The corresponding clarifications are also contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 25, 1996 No. 9 “On the application by courts of the Family Code of the Russian Federation when considering cases of establishing paternity and collecting alimony.” The case materials indicate that the court examined the circumstances that were significant for the case, as indicated by the judgment contained in the court decision that Ch.V. During his lifetime he recognized himself as the father of the plaintiff and the plaintiff constantly communicated with his father. Thus, the case materials indicate that, in fact, S.E. the question was raised about establishing the fact of recognition of paternity by the deceased Ch.V. and this issue was the subject of judicial research, but the court, on formal grounds, rejected the claim, as a result of which the dispute over the inheritance between S.E. and the heirs of the deceased Ch.V. was not allowed. In addition, taking into account the provisions of Art. 61 of the Code of Civil Procedure of the Russian Federation, the court’s judgment that Ch.V. during his lifetime recognized himself as the father of S.E., may have prejudicial significance and lead to a violation of the rights of other persons involved in the case * (9).
In the commented case, in addition to civil rules on inheritance, the court did not take into account family rules regulating the origin of children. The claim should have been clarified in terms of establishing family relationships. One of the grounds for the origin of a child from a specific man in the event of the death of the father is the establishment of the fact of recognition of paternity (Article 50 of the RF IC). In the event of the death of a person who recognized himself as the father of the child, but was not married to the child’s mother, the fact of recognition of paternity by him can be established in court according to the rules provided for by civil procedural legislation.

By the resolution of the Presidium of the Moscow City Court dated March 26, 2010, the ruling of the Ostankino District Court of Moscow dated September 15, 2009 and the ruling of the judicial panel for civil cases of the Moscow City Court dated November 24, 2009 in the case of the claim of K. against L. were canceled. , JP and ZhF of Moscow on the recognition of property rights by inheritance.
Canceling the judicial acts that took place in the case, the Presidium indicated the following: “As follows from the presented judicial material, K. filed a lawsuit against L. and the Housing and Housing Association and the Moscow Housing Fund for recognition of the right of ownership by inheritance to real estate in the form of a share of an apartment , located at the address: Moscow, Selskokhozyaystvennaya str., 2, apt. 44, and a share of a land plot in the Dmitrovsky district of the Moscow region with an area of 600 sq. m.

By virtue of Part 1 of Art. 136 of the Code of Civil Procedure of the Russian Federation, the judge, having established that it was filed in court without complying with the requirements established in Art. 131 and 132 of the Code of Civil Procedure of the Russian Federation, issues a ruling to leave the application without progress, notifies the person who submitted the application about this, and gives him a reasonable period to correct the deficiencies.
Leaving K.'s application without progress, the court proceeded from the fact that the submitted application did not comply with the requirements of Art. 131, 132 of the Code of Civil Procedure of the Russian Federation, namely: the application was not paid with the state duty calculated from the price of the claim; housing documents for the apartment located at the address: Moscow, st. Selskhozyaystvennaya, 2, apt. 44; documents confirming the family relationship of the plaintiff with the testators and the testators among themselves were not presented; It is not clear from the application why the plaintiff is asking to recognize a 3/8 share of the residential premises.

Checking the legality of the court's ruling in cassation, the judicial panel for civil cases of the Moscow City Court did not see any grounds for its cancellation.
Meanwhile, we cannot agree with such conclusions of the court.
In the supervisory complaint, the applicant indicated that the subject of the dispute is inherited property in the form of a share of an apartment located at the address: Moscow, st. Selskhozyaystvennaya, 2, apt. 44, and shares of a land plot in the Dmitrovsky district of the Moscow region with an area of 600 sq. m. The plaintiff is not the owner of shares or all of the disputed property; he does not have title documents for the property. It is difficult for the plaintiff to independently assess the shares of the disputed property, as a result of which he paid the initial amount of the state duty in the amount of 1,500 rubles.
In accordance with clause 6, part 2, art. 131 of the Code of Civil Procedure of the Russian Federation, the statement of claim must indicate the price of the claim if it is subject to assessment. Thus, the absence of a claim price is grounds for leaving the statement of claim without progress.
By virtue of Part 2 of Art. 91 of the Code of Civil Procedure of the Russian Federation, the price of the claim is indicated by the plaintiff. In the event of a clear discrepancy between the indicated price and the actual value of the claimed property, the price of the claim is determined by the judge when accepting the statement of claim.
A similar provision is enshrined in sub. 2 p. 1 art. 333.20 Tax Code of the Russian Federation.

According to clause 9, part 1, art. 91 of the Code of Civil Procedure of the Russian Federation for claims for ownership of a real estate object owned by a citizen by right of ownership, the price of the claim is determined based on the value of the object, but not lower than its inventory valuation or, in the absence of one, not lower than the valuation of the object under the insurance contract.
In addition, in accordance with sub. 9 clause 1 art. 333.20 of the Tax Code of the Russian Federation, if it is difficult to determine the price of the claim at the time of its presentation, the amount of the state duty is preliminarily established by the judge, followed by additional payment of the missing amount of the state duty based on the price of the claim, determined by the court when resolving the case. In this case, the state fee is subject to additional payment within the period established by subparagraph. 2 p. 1 art. 333.18 of the Tax Code of the Russian Federation, i.e. within ten days from the date of entry into force of the court decision, which determined the final price of the claim.

From the case materials it follows that the court of first instance established the cost of 3/8 shares of the apartment located at the address: Moscow, st. Selskhozyaystvennaya, 2, apt. 44, more than 1,893,375 rubles and the cost of 1/2 share of a land plot in the Dmitrovsky district of the Moscow region with an area of 600 square meters. m. in the amount of 192,000 rubles, in connection with which the plaintiff must pay a state fee in the amount of 14,526 rubles. At the same time, as the applicant reasonably points out in the supervisory appeal, the court did not indicate how it assessed the property, on the basis of what documents, or what type of value was determined: market, inventory or cost.
Also in the supervisory complaint, the applicant indicates that the court ordered the plaintiff to provide housing documents for the apartment located at the address: Moscow, st. Selskhozyaystvennaya, 2, apt. 44, however, K. never lived in this residential premises, was not the owner, and there are no grounds for the housing authorities to issue documents and certificates to him.
In addition, in the supervisory complaint, the applicant refers to the fact that when filing a statement of claim, the plaintiff presented a copy of his birth certificate; the plaintiff’s testators are his parents and maternal grandmother. The plaintiff's mother was born in 1933 and married in 1959 in the city of Sverdlovsk. Documents confirming the birth of the mother and registration of the marriage of the parents are located in the civil registry office of the Sverdlovsk region, and currently the plaintiff does not have the opportunity to obtain the necessary documents. Meanwhile, the court ordered the plaintiff to provide documents confirming family relationships with the testators and the testators among themselves.

According to clause 5, part 2, art. 131 of the Code of Civil Procedure of the Russian Federation, the statement of claim must indicate the circumstances on which the plaintiff bases his claims, and evidence confirming these circumstances.
At the same time, by virtue of Art. 148 of the Code of Civil Procedure of the Russian Federation, the presentation of the necessary evidence by the parties and other persons participating in the case is the task of preparing the case for trial.
In addition, in accordance with Part 1 of Art. 57 of the Code of Civil Procedure of the Russian Federation, if the presentation of the necessary evidence is difficult for the parties and other persons participating in the case, the court, at their request, assists in collecting and requesting evidence.
According to Art. 149 of the Code of Civil Procedure of the Russian Federation, such actions are committed at the stage of preparing the case for trial"*(10).
The commented case indicates that in order to properly consider and resolve the dispute regarding the recognition of ownership rights, the plaintiff is obliged to fulfill the requirements of Art. 131, 132 of the Code of Civil Procedure of the Russian Federation, presented to the statement of claim and annexes.
When accepting the case for proceedings, the court in accordance with Art. 136 of the Code of Civil Procedure of the Russian Federation checks whether the requirements of Art. 131, 132 Code of Civil Procedure of the Russian Federation. According to Art. 57, 149 of the Code of Civil Procedure of the Russian Federation, evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to provide additional evidence. If it is difficult for these persons to present the necessary evidence, the court, at their request, provides assistance in collecting and requesting evidence.

The petition to request evidence must indicate the evidence, and also indicate what circumstances that are important for the correct consideration and resolution of the case can be confirmed or refuted by this evidence, indicate the reasons preventing the receipt of the evidence, and the location of the evidence. The court issues a request to the party to obtain evidence or requests evidence directly. The person who has the evidence requested by the court sends it to the court or hands it over to the person who has the corresponding request for presentation to the court.

According to Art. 149 of the Code of Civil Procedure of the Russian Federation, when preparing a case for trial, the plaintiff or his representative:
1) transfers to the defendant copies of evidence substantiating the factual basis of the claim;
2) submits petitions to the judge to obtain evidence that he cannot obtain on his own, without the help of the court.
The defendant or his representative:
1) clarifies the plaintiff’s claims and the factual grounds for these claims;
2) submits written objections to the plaintiff or his representative and the court regarding the claims;
3) transfers to the plaintiff or his representative and the judge evidence substantiating objections to the claim;
4) submits petitions to the judge to obtain evidence that he cannot obtain on his own, without the help of the court.
By a resolution of the Presidium of the Moscow City Court dated September 17, 2010, the decision of the Kuzminsky District Court of Moscow dated October 12, 2009 and the ruling of the judicial panel for civil cases of the Moscow City Court dated January 19, 2010 in the case of the claim of Ch. against D. were canceled. A. on invalidation of the contract, recognition of property rights by inheritance by law.
In canceling court decisions, the Presidium of the Moscow City Court indicated the following. “The court found that on February 24, 2007, a donation agreement was concluded between D.L. and D.A. for apartment No. 155 at the address: Moscow, Aviakonstruktora Milya St., 3, which was registered with the Federal Registration Service for the city. Moscow on March 23, 2007 under N 77-77-04/025/2007-204.
March 19, 2007 D.L. died.
Recognizing the donation agreement dated February 24, 2007 as invalid and including the disputed apartment in the inheritance estate after the death of D.L., the court indicated that the registration of this transaction was carried out in violation of the requirements of the law.
In this case, the court proceeded from the fact that the legal capacity of D.L. ceased until the registration of the defendant’s ownership of the disputed apartment.
The judicial panel for civil cases of the Moscow City Court agreed with this conclusion.
From paragraph 1 of Art. 572 of the Civil Code of the Russian Federation it follows that under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership, or a property right (claim) to himself or to a third party, or releases or undertakes to release it from a property obligation to yourself or to a third party.
At the same time, according to clause 3 of Art. 574 of the Civil Code of the Russian Federation, a contract of donation of real estate is subject to state registration.
In accordance with paragraph 3 of Art. 433 of the Civil Code of the Russian Federation, as well as clause 3 of Art. 2 of the Federal Law of July 21, 1997 N 122-FZ “On State Registration of Rights to Real Estate and Transactions with It,” a real estate donation agreement is considered concluded after its state registration.
Indeed, at the time of making the relevant entries on the transfer of rights to D.A. for the disputed residential area in the Unified State Register of Rights on March 23, 2007, legal capacity of D.L. by virtue of Art. 17 of the Civil Code of the Russian Federation ceased.
However, when resolving the dispute on the merits, the court did not take into account the fact that the above transaction was completed in the proper form, D.L. After concluding the gift agreement, on February 24, 2007, she personally applied to the Federal Registration Service for Moscow to register the gift agreement. On 03/01/2007, she additionally submitted to the Moscow Federal Registration Service a statement certified by a notary, in which she confirmed that at the time of the conclusion of the gift agreement she was not married, and the disputed apartment is not the joint property of the spouses. The court did not take into account that these facts indicate the will of D.L. for the alienation of an apartment belonging to her in favor of her son, D.A.

According to paragraph 3 of Art. 165 of the Civil Code of the Russian Federation, if a transaction requiring state registration is completed in the proper form, but one of the parties avoids registering it, the court has the right, at the request of the other party, to make a decision to register the transaction. In this case, the transaction is registered in accordance with the court decision.
Making a record of the transfer of ownership of the disputed apartment after the death of D.L., i.e. for reasons beyond her control, in relation to the above rule of law does not in itself indicate the invalidity of the gift agreement.
It should also be taken into account that making a record of the transfer of ownership of the disputed apartment in the name of D.A. was made on the basis of documents submitted to the Federal Registration Service for Moscow in accordance with the requirements of the law" * (11).
The commented case is of interest in terms of the validity of the transaction in the event of the death of the donor before the registration of the gift agreement. The courts of the first and second instances recognized that the gift agreement is invalid due to the death of the donor before registration of the agreement and the gift in the form of an apartment is included in the inheritance.
The supervisory court concluded that the court did not take into account the will of the donor, as well as the provisions of Art. 165 of the Civil Code of the Russian Federation, which provides that failure to comply with the notarial form, and in cases established by law, the requirements for state registration of a transaction, entails its invalidity. Such a transaction is considered void.
If one of the parties has fully or partially executed a transaction requiring notarization, and the other party evades such certification of the transaction, the court has the right, at the request of the party that executed the transaction, to recognize the transaction as valid. In this case, subsequent notarization of the transaction is not required.
If a transaction requiring state registration is completed in the proper form, but one of the parties avoids registering it, the court has the right, at the request of the other party, to make a decision to register the transaction. In this case, the transaction is registered in accordance with the court decision.
In the cases provided for in paragraphs 2 and 3 of Art. 165 of the Civil Code of the Russian Federation, a party that unreasonably evades notarization or state registration of a transaction must compensate the other party for losses caused by the delay in completing or registering the transaction.
By the resolution of the Presidium of the Moscow City Court dated November 26, 2010, the decision of the Meshchansky District Court of Moscow dated October 15, 2009 and the ruling of the judicial panel for civil cases of the Moscow City Court dated February 16, 2010 in the case of V.’s claim against the Housing Department were canceled policy and housing stock of the city of Moscow, the Office of the Federal Registration Service for the city of Moscow on the inclusion of an apartment in the inheritance, recognition of ownership of the apartment by inheritance under a will.
Canceling the court rulings in the case, the presidium indicated the following: “Considering this case, the court came to the conclusion that V.’s claims for inclusion of the apartment located at the address: Moscow, Protopopovsky lane, 3, apt. 26, were satisfied. as part of the inheritance opened after the death of K.
In this case, the court proceeded from the fact that K., during her lifetime, by her actions (including: issuing powers of attorney in the name of V. and Zh., granting them the right to carry out actions on her behalf to privatize the said apartment and the performance of actions by representatives to collect certain documents for privatization of the said residential premises and search for a warrant) expressed her will to privatize the disputed apartment.

However, this conclusion of the court is not based on the norms of the current legislation of the Russian Federation regulating controversial legal relations, since during K.’s life or her representatives with an application for the transfer of ownership of residential premises to her in the manner of privatization, attaching all the necessary documents for state registration of ownership of the disputed apartment was not contacted by the authorized housing authority.
According to Art. 2 of the Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" citizens of the Russian Federation occupying residential premises in the state and municipal housing stock, including housing stock under the economic management of enterprises or the operational management of institutions (departmental fund) on the terms of social rent, have the right with the consent of all adult family members living together, as well as minors aged 14 to 18 years, acquire ownership of these premises on the terms provided for by this Law, other regulations of the Russian Federation and constituent entities of the Russian Federation.

In accordance with Art. 7 of the Law of the Russian Federation "On the privatization of housing stock in the Russian Federation" the transfer of residential premises into the ownership of citizens is formalized by a transfer agreement concluded by state authorities or local self-government bodies of settlements, an enterprise, an institution with a citizen receiving ownership of residential premises in the manner prescribed by law; ownership of the acquired residential premises arises from the moment of state registration of the right in the Unified State Register of Rights to Real Estate and Transactions with It.
The unity of judicial practice should be understood as the correct and uniform application of federal legislation by courts throughout the entire territory of the Russian Federation when considering and resolving civil cases; a violation of the unity of judicial practice is the issuance of judicial decisions that contradict the decisions of the Plenum of the Supreme Court of the Russian Federation, containing clarifications on issues of judicial practice, and the decisions of the Presidium of the Supreme Court of the Russian Federation.
In paragraph 8 of the resolution of the Plenum of the Supreme Court of the Russian Federation "On some issues of application by courts of the Law of the Russian Federation "On the privatization of housing stock in the Russian Federation" dated August 24, 1993 N 8, it is explained that if a citizen who filed an application for privatization and the necessary documents, died before the execution of the contract for the transfer of residential premises into ownership or before the state registration of ownership rights, then in the event of a dispute regarding the inclusion of this residential premises or part of it in the inheritance estate, it must be borne in mind that this circumstance in itself cannot serve grounds for refusing to satisfy the heir's claim if the testator, having expressed his will during his lifetime to privatize the occupied residential premises, did not withdraw his application, since for reasons beyond his control he was deprived of the opportunity to comply with all the rules for drawing up documents for privatization, in which he could not denied.

Thus, according to the said resolution of the Plenum of the Supreme Court of the Russian Federation, the possibility of including residential premises in the inheritance mass at the request of the heir is allowed only in the case where the citizen (testator), who wanted to privatize the residential premises, filed an application for privatization and did not withdraw all the documents necessary for this him, but died before the execution of the contract for the transfer of ownership of the residential premises or before the state registration of ownership.

Any other ways of expressing the will of the testator to privatize residential premises (issuing powers of attorney for privatization, receiving part of the documents for privatization, etc.) without applying during the life of the testator himself or his representatives with a corresponding application and all the necessary documents to the authorized body of legal significance do not have and cannot be a basis for inclusion in the estate after the death of the testator of the residential premises occupied by him under a social tenancy agreement.

The stated legal position corresponds to the principle of unity of judicial practice, determined by the Supreme Court of the Russian Federation (Resolution of the Presidium of the Supreme Court of the Russian Federation of December 30, 2009 No. 56 pv09).
Thus, the court’s conclusion that K., through her actions during her lifetime, expressed her will to privatize the above-mentioned apartment is based on an incorrect interpretation of the norms of the Law of the Russian Federation “On the Privatization of Housing Stock in the Russian Federation” regarding legally significant ways of expressing the will of the testator to privatize residential premises , and also contradicts the explanations set out in paragraph 8 of the resolution of the Plenum of the Supreme Court of the Russian Federation of August 24, 1993 No. 8, which indicates a gross violation by the court of the principle of unity of judicial practice, as well as public interests, including the need for uniform interpretation and application courts of law when considering and resolving civil cases of the same category.

Despite the fact that legally significant actions provided for by law that may indicate an expression of will to privatize an apartment located at the address: Moscow, Protopopovsky lane, 3, apt. 26, K. was not committed during his lifetime, the court, however, came to the conclusion that the disputed apartment located at the address: Moscow, Protopopovsky lane, 3, apt. 26, became part of the inheritance opened after the death of K., which indicates a clear violation by the court of the provisions of Articles 2, 7, 8 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” and the explanations given in the resolution of the Plenum of the Supreme Court of the Russian Federation “On some issues of application by courts of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” dated August 24, 1993 No. 8.
Since the court's judgments set out in the decision are of a general, interconnected and interdependent nature, the court's decision cannot be recognized as legal in its entirety.

Despite the existence of grounds established by the civil procedural law (Article 362 of the Code of Civil Procedure of the Russian Federation) for the reversal of the court decision, the cassation court upheld the court decision without change, and therefore the ruling of the judicial panel also cannot be recognized as legal.”

DECISION to invalidate the certificate of inheritance

Extraction

Izmailovsky District Court of Moscow

case on the claim of P. against K. and on the counterclaim of K. against P o invalidation of a certificate of inheritance according to the law, recognition of ownership of inherited property,

INSTALLED:

The plaintiff went to court with the said claim, citing the fact that DD.MM.YYYY his uncle, FULL NAME3, the son of his grandmother, FULL NAME4, and his father’s brother, died.

After the uncle’s death, an inheritance remained in the form of an apartment, which was privatized into common joint ownership without determining the shares for the plaintiff’s uncle and grandmother - FULL NAME4.

After the death, FULL NAME3, FULL NAME4 continued to live in the apartment, pay bills, and bear expenses for the apartment. Also, FULL NAME4 promptly filed an application for acceptance of the inheritance through her representative, FULL NAME8. There are no other first-degree heirs who have declared their rights.

DD.MM.YYYY the plaintiff's grandmother died - FULL NAME4, and DD.MM.YYYY the notary issued documents on the right to inheritance to the trustee - FULL NAME8. After the death of the plaintiff’s grandmother, the plaintiff and his family began to live in the apartment, who bore the burden of maintaining the apartment, used it, and made repairs.

Within the period established by law, the plaintiff and his sister K.E.V. An application was submitted to the notary to accept the inheritance by law, however, the notary refused to perform a notarial act, since when issuing a certificate of inheritance after the death of the grandfather to the grandmother's representative by proxy, the grandmother had already died three days before. Consequently, the power of attorney has ceased to be valid. Based on the above, the plaintiff requests that his ownership of a share in the apartment be recognized by inheritance.

During the consideration of the case from the defendant K.E.V. a counterclaim was received in which she asked to invalidate the certificate of inheritance according to the law as illegal, to recognize her right of ownership of a share of the apartment by way of inheritance after death, FULL NAME3, FULL NAME4.

The plaintiff did not object to the counterclaim.

Defendant K.E.V. against satisfying the claims of P.I.V. did not object, also supported the arguments of the counterclaim, and asked the counterclaims to be satisfied.

The court considers it possible to satisfy the claims of the plaintiff P.I.V., the counterclaims of the defendant K.E.V. in full for the following reasons.

From the case materials it was established that DD.MM.YYYY the uncle of the plaintiff and the defendant, FULL NAME 3, who is the son of FULL NAME 4, who in turn is the grandmother of the plaintiff and defendant, died. These facts are confirmed by death certificates, birth certificates, and marriage certificates. In addition, as can be seen from the birth certificates, the plaintiff and defendant are siblings. It is also clear from these documents that the deceased is the brother of the father of the plaintiff and the defendant.

As established at the court hearing and confirmed by the case materials, Full Name4 and Full Name3 were the owners by right of common joint ownership of the apartment. The heir after the death, FULL NAME3, was his mother, FULL NAME4, who applied for acceptance of the inheritance within the period prescribed by law.

Meanwhile, FULL NAME4 died, while a certificate of the right to inheritance by law in the name of FULL NAME4 was issued to her representative by proxy.

Consequently, the certificate of inheritance was issued under a power of attorney, which terminated with the death of FULL NAME4.

According to Art. 188 of the Civil Code of the Russian Federation, the power of attorney is terminated due to the death of the citizen who issued the power of attorney, recognition of him as incompetent, partially capable or missing.

The power of attorney in the name of FULL NAME8 was terminated three days before the issuance of the certificate of the right to inheritance, therefore, FULL NAME8 did not have the right to receive the specified certificate, and since the certificate was issued in the name of the heir who died at the time of issuance of the certificate, the court comes to the conclusion that claims for invalidation of the certificate of inheritance issued in the name of FULL NAME4 are subject to satisfaction.

An inheritance case was opened against the property of the deceased, Full Name 4, on the basis of statements from the heirs of Full Name 4: plaintiff P.I.V., defendant K.E.V., who are grandchildren of Full Name 4.

As can be seen from the case materials, as well as based on the invalidity of the certificate of inheritance issued in the name of Full Name 4, the deceased Full Name 4 was at the time of death the owner of a share of the apartment.

Statements by plaintiff P.I.V., defendant K.E.V. the acceptance of the grandmother's inheritance FULL NAME4 were submitted within the period prescribed by law.

Since FULL NAME4, who was the mother of the testator, FULL NAME3, and, therefore, an heir according to the law of the first priority, died before accepting the inheritance, the right to accept the inheritance due to her passes to her heirs by law in the order of hereditary transmission.

In this case, plaintiff P.I.V., defendant K.E.V., who are heirs after the death of Full Name4, acquire the right to accept an inheritance in the form of 1/2 share of the disputed apartment remaining after the death of Full Name4, as well as the right to accept the inheritance in the form of another 1/2 share of the disputed apartment, remaining after the death of FULL NAME3 in the order of hereditary transmission.

Thus, the evidence contained in the case materials indicates that plaintiff P.I.V., defendant K.E.V. - heirs by right of representation of the first priority to the property of the deceased grandmother, FULL NAME4, as well as heirs to the property of the deceased, FULL NAME3, in the order of hereditary transmission.

Based on the above, the court

satisfy the claims.

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Potential heirs should contact a notary office, where the documents will be checked and established. If necessary, the notary identifies other persons who can claim their rights now or over time. The certificate is issued one for all heirs or, at their request, separately for each, indicating only part of his property.

If, after issuing the document, it turns out that additional inheritable property has appeared for persons with rights, the notary is obliged to cancel the issued certificate and issue a new one. Applying to a notary to enter into inheritance rights must occur within the time of or, in other words, the death of the testator.

But a citizen can receive a certificate ahead of schedule, before the end of 6 month period, or upon its expiration at any time. There is also the option of challenging the rights of the heir by other applicants. If there are various grounds, the notary himself or the court can suspend the issuance of the certificate. Even when the certificate is issued, the court may invalidate it at the request of a citizen who considers that his rights have been violated.

Typically, an application to invalidate a certificate of inheritance is submitted by an interested citizen when he wants to change the circle of heirs or redistribute the inheritance. In another case, he learns, for example, that the will drawn up by the deceased was executed under duress.

The issued certificate can only be appealed in court. As a result of the satisfaction of the claim, property rights will be changed. But in order to cancel the certificate by the court, the applicant must not be a relative, but an applicant for the inheritance in whole or in part.

If the heir belongs to a line that is not currently called to inherit, he has no grounds for claims, despite the fact that the entry into inheritance rights and the certificate may have been issued in violation of the law.

The court may also satisfy the request of an heir who, for good reason, missed the deadline for filing an application to assume inheritance rights. If the certificate has already been issued to other citizens and the court recognizes it as invalid, then the notary, based on the court decision, will have to issue a new one.

Legal rules of procedure

As a result of the inheritance procedure, property rights are transferred to the heirs from the former owner after his death. It has been established that heirs can inherit property in the manner prescribed for relatives by current legislation, or on the basis of a will. However, the heirs do not always agree with the last will of the testator, the sizes that he determined for each.

Applicants not indicated in the testamentary document may be persons involved in the property, for example, those who are entitled to a compulsory share. In another case, the spouse who has been deprived of his marital share has the right to file a claim.

Often, the heir learns about the death of the testator after a long time, when the period for entering into inheritance rights has expired. Interested parties may hide the presence of a will for years from a potential heir. All this leads the parties to resolve civil disputes in court.

The most common disputes occur when:

the applicant demands to restore the missed deadline for taking over his rights;
it is required to establish the fact of relationship between the deceased and the potential heir;
the testamentary document must be declared invalid, since it was not drawn up in accordance with the requirements of the Civil Code of the Russian Federation;
heirs wish to redistribute the inheritance;
it is required to establish the fact of acceptance of the inheritance, and not the legal assumption of rights;
the heir(s) wants to appeal the actions of the notary;
other.

In all the above situations, oddly enough, the certificate may already have been issued. Moreover, often the culprits for the fact that the notary did not receive important information are interested parties who benefited from hiding the information. To restore justice, it is necessary to cancel the document by a court decision.

The heir has the right, but not the obligation, to receive a certificate of inheritance rights; if he does not do this, then the court cannot:

refuse to accept his claim with the requirements, as specified in the Code of Civil Procedure, Art. 134;
return the claim (Civil Procedure Code, Art. 135);
leave the application without movement (Civil Procedure Code, Art. 136).

A certificate of the right to inheritance is issued at the place where the inheritance case is opened. Regardless of how the heir assumes his rights, by law or by testamentary document, he can apply to obtain a certificate at any time. Of course, first, he must prove with the help of documents that he has the right to inheritance.

The notary is obliged:

identify all persons entitled to the property of the deceased and encourage them to inherit;
check the fact of death of the testator;
verify the authenticity of the documents presented;
find out the location of the inherited property.

The legislator in the Civil Code indicates that a certificate can be declared invalid in court when:

An application to the court for reinstatement of the missed deadline must be filed within 6 months after the obstacles have passed. But filing a claim to challenge the will must be within 12 months from the day the potential heir becomes aware of the violation of his rights. In the first case, you will have to prove the validity of the reason, and in the second, the illegality of the transaction.

If the heir files a claim to invalidate the certificate of inheritance because the other(s) hid the existence of the will from him, thereby preventing him from taking over his rights in a timely manner, then the attacker may be considered unworthy of the inheritance

General provisions

The general provisions of inheritance include the following concepts:

	It should be considered the last place of residence of the deceased, where he was permanently or temporarily registered. This is confirmed by a certificate from the Housing Office. If the residential address of the deceased cannot be determined, then the place of opening of the inheritance must be established by the court. In other cases, opening an inheritance case is permitted at the location of the inherited property; usually the one whose value, according to the appraisal report, is the most, is selected. If the owner lived in rented housing outside the Russian Federation, and his property is located here, then he will have to contact a Russian notary. When the inherited property is located abroad, and the deceased lived here without registration, then a case will have to be opened.
Entry into inheritance rights by law	The heirs of the 1st stage include the surviving spouses of the deceased, his children and parents. In the absence of such, heirs of subsequent queues may be considered. With regard to children, children born in a legal marriage and not have equal rights to inheritance. Only legal spouses can inherit; common-law spouses and former spouses do not have such rights. Often they have to file a lawsuit to prove their rights if, while living with the deceased, they took care of his property, contributed personal funds to maintain and increase its value, etc. In order for the court to declare a marriage invalid, it must be dissolved before the opening of the inheritance. The marital share by law is 50% of the marital property, the remaining 50% must be divided between the spouse, children and parents of the deceased.
Obtaining inheritance rights under a will	In the document, the testator expresses his last will and determines the size of the shares of the heirs in accordance with it. At the same time, he can deprive any of the potential heirs of inheritance rights, even the legal spouse. Therefore, immediate relatives often file claims for restoration of inheritance rights or redistribution of shares in other sizes. If one of the heirs under the will misses the deadline for assuming his rights and the certificate is issued, he can contact other persons and ask for the return of his rights by agreement. If he refuses, he will have to go to court.
The court may invalidate the will	This can happen if it was not drawn up in accordance with the requirements of the law or if it was drawn up by an incompetent, minor citizen who could not understand what he was doing without legal representatives. There are often cases when relatives of the deceased go to court to challenge the transaction, having evidence that the deceased was subjected to psychological pressure, was threatened, deceived, or signed a document while under the influence of alcohol/drugs.

In each individual case, the court will consider the circumstances of the case, for example:

if the heir cannot confirm his relationship with the deceased, others are allowed to recognize his rights to the inheritance, then he can be included in the certificate;
children can enter into inheritance rights if the deceased was their legal father, which must be indicated in the birth certificate, otherwise paternity will have to be proven;
upon entry into inheritance rights, when the potential heir disposes of the property, but has not formalized his rights legally, he will have to provide evidence of ownership (documentary, material, witness);
if the heirs hide from the notary about the dependents (disabled people, minors, etc.) who were supported by the deceased, the latter have the right to go to court to allocate them a mandatory share, then the size of the shares of the persons specified in the will will decrease;
other.

Preparation of an application for invalidation of a certificate of inheritance

Civil disputes regarding inheritance legal relations are resolved in courts of general jurisdiction, because they arise between citizens or individual heirs and, very rarely, legal heirs. Exceptional situations are when, as a result of assuming his rights, the heir not only accepted the property, but also made payments on the debt obligations of the deceased. In this case, the citizen must file a claim with a magistrate, but the cost of the claim should not exceed 50 thousand rubles.

According to the requirements of the Civil Code, Art. 28 issues of inheritance legal relations must be resolved at the place of residence of the defendant. In this case, when a dispute arises regarding the rights to property, you should choose the district court where the notary who opened the inheritance case is located.

At the request of interested parties, cases are opened at the location of the largest piece of real estate that belonged to the deceased, or at the last place of registration (registration) of the testator. If the applicant wants the court to consider evidence confirming the fact of inheritance, then the claim must be filed at the location of the property.

When consideration of legal facts is required, the application should be made at the plaintiff’s place of residence. If there are minor errors in the will, this cannot be a reason to file a lawsuit.

For the application, which should be completed according to the number of respondents, a state fee is paid and the necessary papers are prepared. The defendant in this civil case may be the citizen (not) who received the certificate, or a notary. The evidence base may include any documents, things, witness statements, video and audio recordings, everything with which he can prove to the court that his rights were violated, he missed the deadline for a good reason, the transaction must be declared invalid.

Attached documents may include:

death certificate;
will;
title papers for property;
appraisal report for the property claimed by the plaintiff;
written refusal of the notary;
medical certificates;
receipts, checks, contracts, invoices;
document proving relationship;
travel certificate;
other.

The list of documents is individual in each specific case.

Paper content requirements

The claim is drawn up according to a standard format, similar to business papers:

Document header	The name of the executive body to which the applicant is applying and information about the plaintiff are indicated here.
Main part	The applicant indicates the defendant, information about the testator, on the basis of which (by law or by will) the plaintiff must assume his rights. Here it is necessary to describe in detail the situation that happened to the defendant, the reasons why he believes that the certificate should be invalidated. The plaintiff points out the facts proving that his rights were violated, how and under what circumstances this happened.
The "please" part	The applicant indicates a specific request to the court to invalidate the certificate and others.
Conclusion	The plaintiff provides a list of documents that relate to the evidence base.

The plaintiff must sign the application in his own hand, despite the fact that a representative can apply to the court on his behalf, and in addition, the application indicates the date of filing the document in the court office

What are the reasons for such a decision?

Inheritance disputes can be of a varied nature. As a result of the satisfaction of the claim, the certificate is declared invalid, then the heir will not only be restored to his rights, but will also receive a certificate for the part of the property due to him.

The most common grounds for invalidating a certificate include claims:

On recognizing an heir who has assumed his rights as unworthy	According to the Civil Code, some persons cannot enter into an inheritance either by law or by will if it turns out that: they committed illegal actions against the testator or his will expressed in the will; children left an inheritance to parents who were deprived of parental rights and did not restore them by the time the case was opened; they shied away from the obligation to support the testator, although it was imposed on them by law.
With a request to recognize the will as invalid due to the fact that the document was not executed in compliance with the requirements of the Civil Code	For example: the testator was incompetent and did not understand what he was doing; there are no witnesses to the transaction; the will of the testator in the document is distorted; the paper is not certified; other. You can file a claim to challenge a testamentary document only after opening an inheritance case.
About restoration of the term	The court may, if the plaintiff presents valid reasons. The certificate automatically becomes invalid, the emerging heir must assume his rights, and the whole or part of the inheritance document will need to be rewritten.
On declaring the certificate invalid	In this case, the document could be issued to a person who: has no rights to the inheritance or is unworthy to accept it, for example, the order of calling to inheritance was violated; in its own interests, it hid information about other heirs, therefore it took possession of all the property of the deceased on the basis of the issued certificate, i.e. the document was issued without taking into account the interests and rights of other heirs.

How can this be achieved

The procedure for a person whose rights he believes have been violated is as follows:

Establish the jurisdiction of a civil case.
Make a statement.
Prepare the necessary papers.
Pay.
Submit the claim, the attached documents and a receipt for payment of the fee to the court office.

To participate in a civil dispute, it is best to invite a specialist; you will have to issue a power of attorney for him. He will help not only with the preparation of documents, but will also represent the interests of the plaintiff in court. The most difficult issue is recognizing the heir as unworthy.